|
| |
|
73 (1) | Section 36 (approval required for authorisations to take effect) is amended |
| |
in accordance with this paragraph. |
| |
(2) | In subsection (1), for paragraph (b) substitute— |
| |
“(b) | a National Crime Agency officer;”. |
| |
(3) | In subsection (6)(b) and (d), for “Director General of the Serious Organised |
| 5 |
Crime Agency” substitute “Director General of the National Crime Agency”. |
| |
74 | In section 37 (quashing of police and Revenue and Customs authorisations |
| |
etc), in subsection (1), for paragraph (b) substitute— |
| |
“(b) | a National Crime Agency officer;”. |
| |
75 | In section 40 (information to be provided to Surveillance Commissioners), |
| 10 |
for paragraph (b) substitute— |
| |
“(b) | every National Crime Agency officer,”. |
| |
76 | In section 46 (restrictions on authorisations extending to Scotland), in |
| |
subsection (3), for paragraph (db) substitute— |
| |
“(db) | the National Crime Agency;”. |
| 15 |
77 | In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA” |
| |
(in each place) substitute “the National Crime Agency”. |
| |
78 (1) | Section 51 (cases in which key required) is amended in accordance with this |
| |
| |
| 20 |
(a) | for “SOCA” (in the first place) substitute “the National Crime |
| |
| |
| |
(i) | for “SOCA” substitute “the National Crime Agency”; |
| |
(ii) | for “Director General of the Serious Organised Crime |
| 25 |
Agency” substitute “Director General of the National Crime |
| |
| |
(3) | In subsections (3) and (6), for “Director General of the Serious Organised |
| |
Crime Agency” substitute “Director General of the National Crime Agency”. |
| |
79 | In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute |
| 30 |
“the National Crime Agency”. |
| |
80 (1) | Section 55 (general duties of specified authorities) is amended in accordance |
| |
| |
(2) | In subsection (1), for paragraph (ba) substitute— |
| |
“(ba) | the Director General of the National Crime Agency;”. |
| 35 |
(3) | For subsection (3A) substitute— |
| |
“(3A) | The power of the Director General of the National Crime Agency to |
| |
delegate functions under paragraph 10 of Schedule 1 to the Crime |
| |
and Courts Act 2012 does not apply in relation to the Director |
| |
General’s duties under this section.”. |
| 40 |
81 | In section 56 (interpretation of Part 3), in subsection (1)— |
| |
|
| |
|
| |
|
(a) | in paragraph (a) of the definition of “the police”, for “member of the |
| |
staff of the Serious Organised Crime Agency” substitute “National |
| |
| |
(b) | omit the definition of SOCA. |
| |
82 | In section 58 (co-operation with and reports by section 57 Commissioner), in |
| 5 |
subsection (1), omit paragraph (b). |
| |
83 | In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute— |
| |
“(d) | the National Crime Agency;”. |
| |
84 | In section 68 (Tribunal procedure), in subsection (7), for paragraph (b) |
| |
| 10 |
“(b) | every National Crime Agency officer;”. |
| |
85 (1) | Section 76A (foreign surveillance operations) is amended in accordance with |
| |
| |
(2) | In subsection (6)(a), for “Director General of the Serious Organised Crime |
| |
Agency” substitute “Director General of the National Crime Agency”. |
| 15 |
(3) | In subsection (11), in the definition of “United Kingdom officer”, for |
| |
paragraph (b) substitute— |
| |
“(b) | a National Crime Agency officer;”. |
| |
86 | In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for |
| |
purposes of sections 28 and 29), for paragraph 2 substitute— |
| 20 |
“2 | The National Crime Agency.”. |
| |
87 (1) | Schedule 2 (persons having the appropriate permission) is amended in |
| |
accordance with this paragraph. |
| |
(2) | In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and |
| |
(5), for “SOCA” substitute “the National Crime Agency,”. |
| 25 |
(3) | In paragraph 4 (data obtained under statute by other persons but without a |
| |
warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “the |
| |
| |
(4) | In paragraph 5 (data obtained without the exercise of statutory powers), in |
| |
sub-paragraph (3)(b), for “SOCA” substitute “the National Crime Agency”. |
| 30 |
(5) | In paragraph 6 (general requirements relating to the appropriate |
| |
permission), in sub-paragraphs (3A) and (6), for “member of staff of the |
| |
Serious Organised Crime Agency” substitute “National Crime Agency |
| |
| |
Freedom of Information Act 2000 (c. 36) |
| 35 |
88 | The Freedom of Information Act 2000 is amended as follows. |
| |
89 | In section 23 (information supplied by, or relating to, bodies dealing with |
| |
security matters), in subsection (3), after paragraph (m) insert— |
| |
“(n) | the National Crime Agency.”. |
| |
90 | In section 84 (interpretation), in the definition of “government |
| 40 |
| |
(a) | omit “or” at the end of paragraph (b); |
| |
|
| |
|
| |
|
(b) | after paragraph (b) insert— |
| |
“(ba) | the National Crime Agency, or”. |
| |
91 | In Schedule 1 (public authorities), in Part 6 (other public bodies and offices: |
| |
general), omit the entry relating to the National Policing Improvement |
| |
| 5 |
Criminal Justice and Court Services Act 2000 (c. 43) |
| |
92 (1) | Section 71 of the Criminal Justice and Court Services Act 2000 (access to |
| |
driver licensing records) is amended in accordance with this paragraph. |
| |
| |
(a) | omit “to the National Policing Improvement Agency”; |
| 10 |
(b) | for “members of the staff of the Serious Organised Crime Agency” |
| |
substitute “National Crime Agency officers”. |
| |
| |
(a) | omit “to the National Policing Improvement Agency”; |
| |
| 15 |
(i) | after “which” insert “information may be made available to”; |
| |
(ii) | for “members of the staff of the Serious Organised Crime |
| |
Agency” substitute “National Crime Agency officers”; |
| |
(iii) | omit “may be given access to the information”; |
| |
(c) | in paragraph (b), for “to which they have been given access” |
| 20 |
substitute “made available to them”. |
| |
Vehicles (Crime) Act 2001 (c. 3) |
| |
93 | In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate |
| |
suppliers), in subsection (7) omit “to the National Policing Improvement |
| |
| 25 |
Criminal Justice and Police Act 2001 (c. 16) |
| |
94 | In section 97 of the Criminal Justice and Police Act 2001 (regulations for |
| |
police forces), in subsection (4), omit paragraph (a). |
| |
Proceeds of Crime Act 2002 (c. 29) |
| |
95 | The Proceeds of Crime Act 2002 is amended as follows. |
| 30 |
96 | In section 2A (contribution to the reduction of crime), in subsections (2)(a) |
| |
and (3)(a), for “SOCA” substitute “the National Crime Agency”. |
| |
97 (1) | Section 2B (SOCA and members of SOCA’s staff) is amended in accordance |
| |
| |
(2) | For the title substitute “The National Crime Agency and its officers”. |
| 35 |
| |
| |
(a) | for “SOCA” (in the first place) substitute “the National Crime |
| |
| |
(b) | for “SOCA” (in each other place) substitute “that Agency”. |
| 40 |
|
| |
|
| |
|
| |
98 (1) | Section 3 (accreditation and training of financial investigators) is amended |
| |
in accordance with this paragraph. |
| |
(2) | In subsection (1), for “National Policing Improvement Agency” substitute |
| |
| 5 |
(3) | In subsection (2), at the end of paragraph (b) insert “, and |
| |
(c) | securing that decisions under that system which concern— |
| |
(i) | the grant or withdrawal of accreditations, or |
| |
(ii) | the monitoring of the performance of accredited |
| |
| 10 |
| are taken without regard to their effect on operations by the |
| |
National Crime Agency or any other person.”. |
| |
(4) | In subsection (7), for “National Policing Improvement Agency” substitute |
| |
| |
99 | In section 41A (restraint orders: power to retain seized property etc), in |
| 15 |
subsection (3), for paragraph (d) substitute— |
| |
“(d) | a National Crime Agency officer,”. |
| |
100 | In section 55 (sums received by designated officer), in subsection (8), for |
| |
paragraph (h) substitute— |
| |
“(h) | a National Crime Agency officer,”. |
| 20 |
101 | In section 72 (serious default in England and Wales), in subsection (9)(ba)— |
| |
(a) | for “member of staff of SOCA” substitute “National Crime Agency |
| |
| |
(b) | for “SOCA” (in the second place) substitute “the National Crime |
| |
| 25 |
102 | In section 120A (restraint orders: power to retain seized property etc), in |
| |
subsection (3), for paragraph (c)— |
| |
“(c) | a National Crime Agency officer;”. |
| |
103 | In section 139 (serious default in Scotland), in subsection (9)(ca)— |
| |
(a) | for “member of staff of SOCA” substitute “National Crime Agency |
| 30 |
| |
(b) | for “SOCA” (in the second place) substitute “the National Crime |
| |
| |
104 | In section 190A (restraint orders: power to retain seized property etc — |
| |
Northern Ireland), in subsection (3), for paragraph (d)— |
| 35 |
“(d) | a National Crime Agency officer;”. |
| |
105 | In section 203 (sums received by chief clerk), in subsection (8), for paragraph |
| |
| |
“(h) | a National Crime Agency officer.”. |
| |
106 | In section 220 (serious default in Northern Ireland), in subsection (9)(ba)— |
| 40 |
(a) | for “member of staff of SOCA” substitute “National Crime Agency |
| |
| |
(b) | for “SOCA” (in the second place) substitute “the National Crime |
| |
| |
|
| |
|
| |
|
107 | In section 316 (general interpretation), in subsection (1), in paragraphs (a) |
| |
and (c) of the definition of “enforcement authority”, for “SOCA” substitute |
| |
“the National Crime Agency”. |
| |
108 (1) | Section 317 (SOCA’s general Revenue functions) is amended in accordance |
| |
| 5 |
(2) | In the title, for “SOCA’s” substitute “The National Crime Agency’s”. |
| |
(3) | For “SOCA” (in each place) substitute “the National Crime Agency”. |
| |
109 | In section 318 (revenue functions regarding employment), for “SOCA” (in |
| |
each place) substitute “the National Crime Agency”. |
| |
110 | In section 319 (source of income), for “SOCA” (in each place) substitute “the |
| 10 |
| |
111 (1) | Section 321 (SOCA’s functions: transfers of value) is amended in accordance |
| |
| |
(2) | In the title, for “SOCA’s” substitute “The National Crime Agency’s”. |
| |
(3) | For “SOCA” (in each place) substitute “the National Crime Agency”. |
| 15 |
112 (1) | Section 322 (SOCA’s functions: certain settlements) is amended in |
| |
accordance with this paragraph. |
| |
(2) | In the title, for “SOCA’s” substitute “The National Crime Agency’s”. |
| |
(3) | For “SOCA” (in each place) substitute “the National Crime Agency”. |
| |
113 | In section 324 (exercise of Revenue functions), for “SOCA” (in each place) |
| 20 |
substitute “the National Crime Agency”. |
| |
114 (1) | In section 325 (declarations), in subsection (2)— |
| |
(a) | for “member of SOCA’s staff” substitute “National Crime Agency |
| |
| |
(b) | for “any of SOCA’s functions” substitute “any function of the |
| 25 |
| |
(c) | for “Director General of SOCA” substitute “Director General of the |
| |
| |
115 | In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for |
| |
“the Director General of SOCA” substitute “the Director General of the |
| 30 |
| |
116 | In section 331 (failure to disclose: nominated officers in the regulated sector), |
| |
in subsection (4), for “the Director General of SOCA” substitute “the Director |
| |
General of the National Crime Agency”. |
| |
117 | In section 332 (failure to disclose: other nominated officers), in subsection |
| 35 |
(4), for “the Director General of SOCA” substitute “the Director General of |
| |
the National Crime Agency”. |
| |
118 | In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and |
| |
(4)(a), for “Director General of SOCA” substitute “Director General of the |
| |
| 40 |
119 | In section 340 (interpretation), in subsection (13), for “Director General of |
| |
SOCA” substitute “Director General of the National Crime Agency”. |
| |
|
| |
|
| |
|
120 | In section 351 (applications for orders: supplementary), in subsection (5), for |
| |
“member of SOCA’s staff” (in each place) substitute “National Crime |
| |
| |
121 | In section 352 (search and seizure warrants), in subsection (5)— |
| |
(a) | in paragraph (b), for “member of SOCA’s staff or” substitute |
| 5 |
“National Crime Agency officer or a member”; |
| |
(b) | in paragraph (d), for “member of SOCA’s staff” substitute “National |
| |
| |
122 | In section 353 (requirements where production order not available), in |
| |
| 10 |
(a) | in paragraph (b), for “member of SOCA’s staff or” substitute |
| |
“National Crime Agency officer or a member”; |
| |
(b) | in paragraph (d), for “member of SOCA’s staff” substitute “National |
| |
| |
123 | In section 357 (disclosure orders), for “member of SOCA’s staff” (in each |
| 15 |
place) substitute “National Crime Agency officer”. |
| |
124 | In section 362 (supplementary), in subsection (4A), for “member of SOCA’s |
| |
staff” (in each place) substitute “National Crime Agency officer”. |
| |
125 | In section 369 (supplementary), for “member of SOCA’s staff” (in each place) |
| |
substitute “National Crime Agency officer”. |
| 20 |
126 | In section 375 (supplementary), in subsection (4), for “member of SOCA’s |
| |
staff” (in each place) substitute “National Crime Agency officer”. |
| |
127 | In section 377 (code of practice of Secretary of State etc), in subsection (1), for |
| |
paragraphs (a) and (b) substitute— |
| |
“(a) | the Director General of the National Crime Agency; |
| 25 |
(b) | other National Crime Agency officers;”. |
| |
128 (1) | Section 378 (officers) is amended in accordance with this paragraph. |
| |
(2) | In subsection (1), for paragraph (a) substitute— |
| |
“(a) | a National Crime Agency officer;”. |
| |
(3) | In subsection (2), for paragraph (a) substitute— |
| 30 |
“(a) | a senior National Crime Agency officer;”. |
| |
| |
(a) | in paragraph (a), for “member of SOCA’s staff” substitute “National |
| |
| |
(b) | in paragraph (b), for “senior member of SOCA’s staff” substitute |
| 35 |
“senior National Crime Agency officer”. |
| |
(5) | In subsection (5), for “Director General of SOCA” substitute “Director |
| |
General of the National Crime Agency”. |
| |
(6) | In subsection (6A), for “member of SOCA’s staff” substitute “National Crime |
| |
| 40 |
| |
(a) | for “senior member of SOCA’s staff” substitute “senior National |
| |
| |
|
| |
|
| |
|
(b) | in paragraph (a), for “Director General of SOCA” substitute “Director |
| |
General of the National Crime Agency”; |
| |
(c) | in paragraph (b), for “member of SOCA’s staff” substitute “other |
| |
National Crime Agency officer”. |
| |
129 | In section 416 (other interpretative provisions), in subsection (2), for |
| 5 |
“member of SOCA’s staff” substitute “National Crime Agency officer”. |
| |
130 | In section 438 (disclosure of information by certain directors), in subsection |
| |
(1)(fa), for “SOCA” substitute “the National Crime Agency”. |
| |
131 | In section 439 (disclosure of information to Lord Advocate and to Scottish |
| |
Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime |
| 10 |
| |
132 | In section 443 (enforcement in different parts of the United Kingdom), in |
| |
subsection (3), for “SOCA” substitute “the National Crime Agency or its |
| |
| |
133 | In section 444 (external requests and orders), in subsection (4), for paragraph |
| 15 |
| |
“(d) | the National Crime Agency;”. |
| |
134 | In section 445 (external investigations), for “SOCA” substitute “the National |
| |
Crime Agency or its officers”. |
| |
135 (1) | In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with |
| 20 |
| |
(2) | In the title, for “SOCA’s staff” substitute “NCA officers”. |
| |
| |
(a) | in the words before paragraph (a), for “member of SOCA’s staff” |
| |
substitute “National Crime Agency officer”; |
| 25 |
(b) | in paragraph (a), for “by SOCA to do anything” substitute “to do |
| |
anything on behalf of the National Crime Agency”; |
| |
(c) | in paragraph (b), for “member of SOCA’s staff” substitute “National |
| |
| |
(4) | In subsection (2), for “member of the SOCA’s staff” substitute “National |
| 30 |
| |
(5) | In subsections (3) (in each place) and (4), for “member of SOCA’s staff” |
| |
substitute “National Crime Agency officer”. |
| |
136 | In Schedule 8 (forms of declarations)— |
| |
(a) | for “SOCA” (in the first place) substitute “the National Crime |
| 35 |
| |
(b) | for “SOCA” (in the second place) substitute “that Agency”; |
| |
(c) | for “its” substitute “that Agency’s”. |
| |
Police Reform Act 2002 (c. 30) |
| |
137 | In section 9 of the Police Reform Act 2002 (the Independent Police |
| 40 |
Complaints Commission), in subsection (3)— |
| |
(a) | in paragraph (da), omit “is or”; |
| |
(b) | in paragraph (db), omit “is or”; |
| |
|
| |
|